HBA-GUM H.B. 3789 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3789 By: Hunter Criminal Jurisprudence 4/12/1999 Introduced BACKGROUND AND PURPOSE Current law prohibits a person from carrying a club, defined in Section 46.01, Penal Code, as an instrument that is specially designed, made or adapted for the purpose of inflicting serious bodily injury or death by striking a person with it. Due to their disabilities, handicapped individuals may be more vulnerable than others to attacks and acts of violence. A number of handicapped individuals have participated in self defense classes in which they have learned to use club-like weapons. Allowing a handicapped individual to carry a club may enable that person to ward off an aggressor in a better manner than by using a concealed handgun. H.B. 3789 defines "disabled individual" and allows such an individual to carry a club. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 46.15, Penal Code, by adding Subsection (e), to provide that the provisions of Section 46.02, Penal Code (Unlawful Carrying Weapons), prohibiting the carrying of a club do not apply to a disabled individual. Defines "disabled individual." SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.